Traumatic brain injury (TBI) decisions — 2023

The Veteran's appeal to restore a separate 10 percent rating for Traumatic Brain Injury (TBI) from November 19, 2018 was denied. The AOJ combined the TBI rating with his PTSD rating in June 2019.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's TBI. The claim will be returned for further examination and opinion.

The Board has decided to remand the claims for service connection due to overlooked issues and unavailability of service treatment records. The Veteran's exposure to contaminated water at Camp Lejeune is acknowledged, but no presumptive diseases are listed as related to this exposure.

The Veteran's claim for a compensable rating for service-connected bilateral hearing loss has been denied.,The Veteran's claim for an evaluation in excess of 50 percent disabling for PTSD with TBI is remanded due to inadequate examination and potential Social Security Administration records not being obtained.,The Veteran's claim for a total disability evaluation due to individual unemployability (TDIU) is remanded as it is intertwined with the other claims.

The Veteran's thoracolumbar spine disability and frostbite of the feet have been remanded for further evaluation.,Service connection for left rotator cuff tear, residual fracture of the sternum, and residuals of broken fingers are also being remanded.

The Veteran's claim for service connection for migraine headaches was reopened, and the Board granted service connection for TBI with residual seizures and headaches. The issues of right shoulder disability, left shoulder disability, and basic eligibility for DEA benefits were remanded.

The Veteran's TBI residuals are rated at 10 percent, effective from the date of the July 2023 rating decision. The Veteran also has service connection for PTSD and migraine headaches.

Service connection is granted for migraine headaches and pes planus. The Veteran's sinusitis, anxiety, chest pains, neck disability, radiculopathy in the left upper extremity, and residuals of a head injury/ TBI are being remanded for further development.,The Board has determined that additional evidence is needed to properly adjudicate the claims of service connection for sinusitis, an acquired psychiatric disorder (claimed as anxiety), chest pains, neck disability, radiculopathy in the left upper extremity, and residuals of a head injury/ TBI.

The Veteran's service-connected TBI and depressive disorder do not meet the criteria for SMC (t) as he does not require higher level care on a daily basis, thus his claim is denied.

The Board has denied the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) as there is no persuasive evidence that his current condition began during or was caused by an in-service motor vehicle accident.

Service connection for TBI, OSA, and left shoulder strain has been granted.,Effective dates have not been established for the above conditions.

The Board has remanded the case due to missing VistA imaging records and private neurology records, which may affect the rating for TBI.

The Veteran's PTSD with TBI was not productive of symptoms and impairment that most nearly approximated total social and occupational impairment, thus the claim for a higher rating is denied.

The Veteran's claims for increased ratings for posttraumatic headaches and residuals of traumatic brain injury were denied because he failed to attend the scheduled VA examinations without providing good cause.

The Veteran's psychiatric and TBI disability resulted in total occupational and social impairment for the period prior to January 3, 2022. The Board granted a 100 percent disability rating for this period.

The Veteran's TBI and left shoulder disability have been granted service connection. The reduction of the left shoulder rating from 20% to noncompensable was found to be improper.

The Board has granted service connection for headaches and traumatic brain injury, finding that the Veteran's current diagnoses are related to his active service.

The Veteran withdrew all appeals regarding the issues of service connection for traumatic brain injury, increased disability rating for PTSD, compensable ratings for chronic constipation and alopecia, and a compensable rating for right breast disability.

The Veteran's PTSD is granted a rating of 50 percent, but no higher. The initial compensable rating for bilateral hearing loss is denied. Service connection is granted for right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and left lower extremity peripheral neuropathy due to exposure to herbicides and/or disabilities. Service connection is also granted for GERD, migraine headaches, TBI, neck disability, and low back disability.

The Veteran's appeal for a higher rating for unspecified depressive disorder with insomnia and traumatic brain injury associated with multiple sclerosis was denied. The Board found that the symptoms did not warrant a higher than 50 percent rating.